You are here:  Ed9 07.2015 Guidebook  » Appendix III: 35 U.S.C. 103

2144.01   Implicit Disclosure

MPEP SECTION SUMMARY “[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.”

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2144.02   Reliance on Scientific Theory

MPEP SECTION SUMMARY The rationale to support a rejection under 35 U.S.C. 103 may rely on logic and sound scientific principle. However, when an examiner relies on a scientific theory, evidentiary support for the existence and meaning of that theory must be provided.

 

The rationale to support a rejection under 35 U.S.C. 103 may rely on logic and sound scientific principle. However, when an examiner relies on a scientific theory, evidentiary support for the existence and meaning of that theory must be provided.

 

» 2144.03 Reliance on Common Knowledge in the Art or “Well Known” Prior Art